The meaning of the poet's statement: "And likewise, a confession becomes defective *** because it is susceptible to seven meanings, and so are all the contracts of the people *** by the word, when the two men converse"
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The Shaykh :"And likewise, a confession becomes defective *** because it is susceptible to seven meanings"
He acknowledged it with several meanings. "Aqara" means he spoke the words of acknowledgment. To "aqara" a thing is to keep it stable. And so, there are seven meanings for the word "aqara." Therefore, we do not rule that a man who says, "I acknowledge such and such," is a confessor, because the word is ambiguous.
Now, he (may Allah have mercy on him) says:
"And so are all the contracts of the people *** by the word, when the two men converse"
All contracts are based on the idea that the indication is probable, according to their view. Therefore, we do not trust any contract, because its indication is probable.
"Is it permissible for the witnesses to testify with them *** without their having knowledge of the clarification?"
The answer is: No. And yet, if two witnesses testify that two men bought and sold, do we rule based on the testimony? Yes, even though testimony is not valid except based on knowledge,[Az-Zukhruf 43:86], and it is mentioned: Bulugh al-Maram 1420. Now, testimony is based on knowledge, and you say that the indication of words is probable. How can we testify based on a probability when two men contract a sale, a lease, or a pledge?
"Is it permissible for the witnesses to testify with them *** without their having knowledge of the clarification
For those words do not yield *** knowledge, but rather a probable opinion
Rather, it is never permissible for a witness to testify *** regarding what the tongue has spoken.
Why? Because testimony must be based on knowledge and certainty. If we make words probable, then everything established by speech is what? Probable. Testimony regarding it is not permissible.
He acknowledged it with several meanings. "Aqara" means he spoke the words of acknowledgment. To "aqara" a thing is to keep it stable. And so, there are seven meanings for the word "aqara." Therefore, we do not rule that a man who says, "I acknowledge such and such," is a confessor, because the word is ambiguous.
Now, he (may Allah have mercy on him) says:
"And so are all the contracts of the people *** by the word, when the two men converse"
All contracts are based on the idea that the indication is probable, according to their view. Therefore, we do not trust any contract, because its indication is probable.
"Is it permissible for the witnesses to testify with them *** without their having knowledge of the clarification?"
The answer is: No. And yet, if two witnesses testify that two men bought and sold, do we rule based on the testimony? Yes, even though testimony is not valid except based on knowledge,
but only those who testify to the truth [can benefit], and they know.
إلا من شهد بالحق وهم يعلمونThe Prophet (ﷺ) said to a man, "Do you see the sun?" He replied, "Yes." He said, "Give witness in a similar case [which is as clear as the sun], or leave it."
أن النبي صلى الله عليه وسلم قال لرجل: ترى الشمس؟ قال: نعم. قال: على مثلها فاشهد أو دع"Is it permissible for the witnesses to testify with them *** without their having knowledge of the clarification
For those words do not yield *** knowledge, but rather a probable opinion
Rather, it is never permissible for a witness to testify *** regarding what the tongue has spoken.
Why? Because testimony must be based on knowledge and certainty. If we make words probable, then everything established by speech is what? Probable. Testimony regarding it is not permissible.